Indiana Administrative Code
Title 71 - INDIANA HORSE RACING COMMISSION
Article 12 - SATELLITE FACILITY AND SIMULCASTING
Rule 1 - License Application Requirements and Criteria
Section 1-20 - Delay in completion of satellite facility
Current through March 20, 2024
Authority: IC 4-31-3-9
Affected: IC 4-31
Sec. 20.
(a) Failure of a license holder to begin simulcasting authorized under the license as specified by the commission by the date specified in the license may, at the sole discretion of the commission, subject the license holder to a late fee not to exceed five thousand dollars ($5,000) for every day that simulcasting is not conducted after the commencement date specified in the license. However, this late fee shall not be required to be paid for any particular day if the license holder can prove to the satisfaction of the commission that the delay arose out of causes beyond the control and without the fault or negligence of the license holder, its contractors, and subcontractors.
(b) Such causes referred to in subsection (a) may include, but are not limited to:
but in every case the delay shall be beyond the control and without the negligence of the license holder, its contractors, and subcontractors.
(c) If the cause of delay is the default of a contractor or subcontractor, and if the license holder proves to the satisfaction of the commission that the default arose out of causes beyond the control of the license holder, its contractors, and subcontractors, then the late fee shall not be due unless the supplies or services to be furnished by the contractor or subcontractor were obtainable from other sources in sufficient time to allow the license holder to meet the completion date.
